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HomeMy WebLinkAboutCity Council - 2017-13 RESOLUTION NO. 2017-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REGARDING THE ADMINISTRATIVE PROCEDURE FOR THE REMOVAL OF UNLAWFUL CAMPSITES, BULKY ITEMS, AND PERSONAL PROPERTY WHEREAS, on March 20, 2017, the City Council adopted Ordinance No 4119 regarding Camping, and Unattended Property; and In addition to the proliferation of camping on public property which obstructs access by pedestrians and by emergency vehicles, individuals camping frequently urinate and defecate on City property (and nearby private property) causing unsanitary conditions to persist within the area of the camping creating an environment for the spread of disease and bacteria; and The City Council contemplated that concurrently with adopting Ordinance No 4119, it would adopt administrative procedures that would provide community outreach and supportive services and advance notice to affected individuals as to the provisions of the Ordinances and would provide guidance and assistance in complying with such requirements within a reasonable time after notice; and Through the Ordinances, the City Council hereby declares its intent to prevent the misappropriation of City property for personal use and to promote the public health, safety, and welfare by ensuring that City property remains in a clean, sanitary, and accessible condition; and The City Council finds and determines that this Administrative Procedure declares the City's intent and its procedures for implementation and enforcement of the Ordinances, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: ADMINISTRATIVE PROCEDURE FOR THE REMOVAL OF PERSONAL PROPERTY STORED ON CITY PROPERTY PURPOSE: 1. This Administrative Procedure will guide implementation and enforcement of Chapters 12.32 and 13.10 of the Huntington Beach Municipal Code which prohibits camping and the storing of personal property on public property, and also prohibit sitting and lying down on certain public ways. This Procedure requires outreach to affected individuals, referral of individuals to supportive services, reasonable advance notice to affected individuals of the deadlines by which they are to remove their personal property from public property, the deadline by which the personal property that has been removed must be picked up from City storage before it will be destroyed, and an exception to permit the temporary use of tents, sleeping bags, and sleeping overnight between 10:00 p.m. and 6:00 a.m. the next morning in certain areas of the City. 1 SF:16-5399/142714 Resolution No. 2017-13 2. EXCEPTION - TEMPORARY TENTS AT NIGHT FOR SHELTER-RELATED OUTREACH: 13.10 of the Huntington Beach Municipal Code prohibit camping and lying down on public property throughout the City. Notwithstanding that prohibition, this Administrative Procedure exempts homeless individuals from camping on City property overnight in order for them to have shelter at night, as long as those items are removed from City property by 6:00 a.m. the next morning, and the individuals are not violating any other laws. Further, no camping is permitted at any time at the Civic Center, the Pier, Pier Plaza, Downtown Huntington Beach, any public or private school. 3. The "Outreach" section below describes how the City will engage other agencies and keep a current inventory of available shelter beds at any given point in time, direct persons in need to these resources, and continue to support these shelter and housing efforts directly with its assets and indirectly through its various service funding efforts. 4. This policy is a fluid document that may be updated and revised from time-to- time by the City Manager or his designee, as needed, to adapt to the needs of the community and the City. 5. REPORTING AN UNLAWFUL CAMPING: All reports of the unlawful storage of personal property on City property, including homeless camping on City property, are to be directed to the Police Chief of his or her designee. 6. The Huntington Beach Police Department may conduct a site visit, and document the camping activities. The Huntington Beach Police Department may initiate a cleanup strategy based primarily on the threat to others or property. If there is an apparent immediate threat to the public health, safety, or welfare, or immediate threat to others, themselves, or to private or public property, an immediate response may be initiated and the conditions giving rise to the immediate threat shall be documented in writing. 7. Cleanup of unlawful camping will, whenever possible, include an outreach strategy for those camping. The purpose of the outreach is to unite and engage the appropriate social service providers (employed by agencies other than the City) with the needs of persons camping. Storage bags will be provided prior to the removal or personal property for storage upon request. 8. Concurrently with cleanup of the unlawful camping, pursuant to Chapter 13.10 of the Municipal Code, the City shall post and provide a notice, entitled "Notice of Clean-Up" which states: a. A general description of the personal property to be removed and the location from which the personal property will be removed; 2 SF:16-5399/142714 Resolution No.2017-13 b. A statement that the personal property in the Public Area is currently being stored in violation of the Huntington Beach Municipal Code; c. Describe where the removed personal property will be stored, if not removed by the deadline listed in the notice; d. Personal property not recovered after 90 days of City storage will be deemed abandoned and destroyed. e. If any form of prescription medications, prescription eye glasses, or personal identification (drivers' licenses, birth certificates, social security cards, etc.) is found, such items shall be placed safely aside for the City representative to manage. If at all possible, the owner of these types of items shall be located during the cleanup and reunited with their items. If the owner cannot be found on-site, the items will be given to a social service provider for custody or if necessary, be taken back to the Public Works Office until the owner is found, and held for at least 90-days. f. Any Bulky Items (couch, mattress or other property too large to be stored in a garbage receptacle), and trash, garbage, or other waste and/or insect infested items not suitable for storage or for continued use shall be sorted into piles and disposed of or recycled appropriately. g. Individuals affected by the clean-up can call the Huntington Beach Police Department at 714-536-5944 and arrange to retrieve their personal property from the City. h. Individuals whose personal property has been removed and stored by the City will not be fined, charged or otherwise cited by the City for its cost to move and store it. i. Personal Property will be stored for 90-days from the Date written above and if not recovered within that time will be deemed abandoned and will be destroyed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of April , 2017. 3 SF:16-5399/142714 R esolutzonNo. 2017-13 A Am Mayor REVIEWE APPROVED: APPROVED O FORM: City Ma,Yager ` CAttorney ww INITIATED AND APPROVE /Z, �-4 t Police Chief 4 SF:16-5399/142714 Res. No. 2017-13 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on April 3, 2017 by the following vote: AYES: Semeta, Posey, Delgleize, Brenden, Peterson NOES: None ABSENT: Hardy RECUSE: O'Connell City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California